§ 5506. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5506]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5506. Enforcement provisions
(a) Duties of Secretaries
This chapter shall be enforced by the Secretary of Commerce and the
Secretary of the department in which the Coast Guard is operating. Such
Secretaries may by agreement utilize, on a reimbursable basis or
otherwise, the personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, or of any State
agency, in the performance of such duties. Such Secretaries shall, and
the head of any Federal or State agency that has entered into an
agreement with either such Secretary under this section may (if the
agreement so provides), authorize officers to enforce the provisions of
this chapter or any regulation or permit issued under this chapter.
(b) District court jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the provisions
of this chapter. In the case of Guam, and any Commonwealth, territory,
or possession of the United States in the Pacific Ocean, the appropriate
court is the United States District Court for the District of Guam,
except that in the case of American Samoa, the appropriate court is the
United States District Court for the District of Hawaii.
(c) Powers of enforcement officers
(1) Any officer who is authorized under subsection (a) of this
section to enforce the provisions of this chapter may--
(A) with or without a warrant or other process--
(i) arrest any person, if the officer has reasonable cause
to believe that such person has committed an act prohibited by
paragraph (6), (7), (8), or (9) of section 5505 of this title;
(ii) board, and search or inspect, any high seas fishing
vessel;
(iii) seize any high seas fishing vessel (together with its
fishing gear, furniture, appurtenances, stores, and cargo) used
or employed in, or with respect to which it reasonably appears
that such vessel was used or employed in, the violation of any
provision of this chapter or any regulation or permit issued
under this chapter;
(iv) seize any living marine resource (wherever found) taken
or retained, in any manner, in connection with or as a result of
the commission of any act prohibited by section 5505 of this
title;
(v) seize any other evidence related to any violation of any
provision of this chapter or any regulation or permit issued
under this chapter;
(B) execute any warrant or other process issued by any court of
competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person charged with
law enforcement responsibilities by the Secretary who is performing a
duty related to enforcement of a law regarding fisheries or other marine
resources may make an arrest without a warrant for an offense against
the United States committed in his presence, or for a felony cognizable
under the laws of the United States, if he has reasonable grounds to
believe that the person to be arrested has committed or is committing a
felony.
(d) Issuance of citations
If any authorized officer finds that a high seas fishing vessel is
operating or has been operated in violation of any provision of this
chapter, such officer may issue a citation to the owner or operator of
such vessel in lieu of proceeding under subsection (c) of this section.
If a permit has been issued pursuant to this chapter for such vessel,
such officer shall note the issuance of any citation under this
subsection, including the date thereof and the reason therefor, on the
permit. The Secretary shall maintain a record of all citations issued
pursuant to this subsection.
(e) Liability for costs
Any person assessed a civil penalty for, or convicted of, any
violation of this chapter shall be liable for the cost incurred in
storage, care, and maintenance of any living marine resource or other
property seized in connection with the violation.
(Pub. L. 104-43, title I, Sec. 107, Nov. 3, 1995, 109 Stat. 372.)
References in Text
This chapter, referred to in subsec. (e), was in the original ``this
Act'', and was translated as reading ``this title'', meaning title I of
Pub. L. 104-43, to reflect the probable intent of Congress.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 5509 of this title.
